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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34900
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I divorced my first wife in 2010. My wife remained in the

Customer Question

I divorced my first wife in 2010. My wife remained in the house with my daughter and the courts awarded me 30%of the equity which was in the region at the time 100k plus.
When daughter finished education or become 19 whichever was the latter she was to pay my share of the equity.
As she was on low income she was unable to remortgage to afford to pay me out and I never forced the issue to sell allowing them to remain in the house until there was a time she possibly could afford to.
In August 2014 I remarried and now due to her choice which have separated.
So the question is does wife No2 Have any claim on my 30% of the equity.
Can wife no2 force the sale of the house to get her claiming she is entitled to.
As we have only just seperated.if she does have any claim of my 30% can I sign my share over to Wife 1 Or my daughter whose soon to be21 before any divorce proceedings commence to stop her making a claim if she decides she will if entitled.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How much is your 30% currently worth and what other assets are there in your current marriage?

Customer: replied 1 year ago.
Poss 110k equity.
No assets we rented and I have left with basically clotting and few personal items.
Customer: replied 1 year ago.
Clothing sorry
Customer: replied 1 year ago.
If I remember rightly the point I was entitled to my share when my daughter reached the age of 19years would have been October 2014. So we would have been married 3 months.
I suppose it doesn't matter or makes a difference that Wife 2 decided to have an affair and end our marriage.
Expert:  Clare replied 1 year ago.

What income do you and your ex have and how long were you living together in total?

Customer: replied 1 year ago.
Living together 4 years and income of approx 2600 a month.
With little spare due to rent bills debts.
We have never had a joint account.
Customer: replied 1 year ago.
She has remained in the property paying the rent with help of working and child tax and housing benefits I believe. To her part time job.
The new man the lover has been staying but not living as such.
She is unable she says to pay me the 1000 deposit I put down on the property.
Expert:  Clare replied 1 year ago.

Do you have a child together?

Customer: replied 1 year ago.
No she has 2 19 and 12 from previous marriage
Expert:  Clare replied 1 year ago.

What was the income split?

Customer: replied 1 year ago.
2000k me her 600
Expert:  Clare replied 1 year ago.

No savings at all?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
Expert:  Clare replied 1 year ago.

The fact that the interest in the property was acquired prior to the marriage and was always kept separate and never shared would usually mean that there was no risk of

your newest ex having a claim on those funds.

However the fact that there is no other capital for division is a problem here.

Your £1000 is certainly lost, and she could potentially seek a further lump sum off you based on your interest in your first matrimonial home.

However the relatively short nature of your relationship makes any claim relatively small - say £5,000 or so at most.

Whilst she herself cannot force a sale of the first matrimonial home if you are ordered to pay her a lump sum you may have to do so to raise the money.

There is no action that you can take now which will prevent that being an option.

However on balance it is less rather than more likely that such a lump sum would be ordered

Please ask if you need further details